public construction, she ran against school vouchers, so tony of bennett took his talents and . anthony weiner fights for his political life in a new campaign ad. >> i know that there are newspaper editors and other politicians that say boy i wish that guy weiner would quit. you don't know new york, so you don't know me. an update on what may be the source of an outbreak that sickened hundreds of people since mid-june. plus, saying good-bye to a veteran actress. large, sugary drinks still on the menu in the big apple and a record breaking high wire walk. anthony weiner is not going away. in fact, he's once again vowing

to stay in the race for new york city mayor. in a new more subdued video, he promises to fight amid the scandals that plagued his candidacy. >> quit isn't the way we roll in new york city. we fight through tough things which really not about the campaign and not about the candidates and this isn't about me. this is about helping new yorkers because they understand this is about them. >> that video capped a rough day for his campaign. when asked by a reporter tuesday if he was still engaging in inappropriate conduct, weiner side stepped the question, refusing to give a direct yes or no answer. earlier in the day, his spokeswoman lashed out at an intern who published a negative story about the campaign. she said she is a famed seeking underachiever who sucked at her job. that came after weiner's most recent sexting partner appeared on the howard stern show. she said their relationship is

proof he hasn't changed. weiner has fallen to fourth in the latest public opinion poll. supporters call him a hero. the government calls him a traitor. the verdict is in for bradley manning who facilitated the largest leak of classified documents in u.s. history. guilty on most counts but cleared of the most serious charge against him. tracie potts is live in washington with more. good morning. >> reporter: good morning. to be clear, he was convicted for handling hundreds of thousands of classified documents and handing them over to wikileaks. but you're right, the judge stopped short of throwing the book at manning and she looked at his intent. manning supporters gathered in front of the white house after hearing he'd been convicted. today sentencing follows what private bradley manning's defense called a huge victory, guilty on 20 counts including

espionage but not guilty on the mode serious charge, aiding the enemy. he gave wikileaks battle plans, diplomatic cables and this video, a helicopter that killed innocent civilians in baghdad. >> the government is very, very serious about protecting the status of classified information and people who disseminate it are playing with fire. >> reporter: the judge found manning negligent but said he did not intend for the secrets to land in the hands of osama bin laden which they did. still, experts and supporters say the espionage convictions are unprecedented. >> historically the charges have been brought against spies and against traitors and not against people who leaked information to the media. >> it is a serious precedent. it is a serious abuse. it will mean the end of national

security journalism in the united states as we know it. >> reporter: the white house and state department had no comment. in the state, the top democrat and republican said justice was served. now this sentencing could be interesting. some experts think he won't get the full sentence, the 136 years, but the process which begins today could take weeks. >> and looking at another potential case on classified leaks, that of edward snowden, how would a snowden trial be div given he was a civilian? >> we're looking at two different court systems and two different sets of rules as far as how that proceeding would go. he would be tried in a civilian court. the key here and one thing to keep in mind this case showed that government is clearly interested in prosecuting these types of cases. they want to keep top secret information classified information classified. >> all right. pretty clear about that.

tracie potts live in washington. thank you. a major victory for the justice department. a federal appeals court ruled tuesday the government can collect records showing your cell phone's location without obtaining a warrant. the court upheld the justice department's argument in a 2-1 ruling. the legal argument is that historical records showing the location of cell phones from cell towers are not protected by the fourth amendment which prevents unreasonable searches and seizures. a key basis for the ruling, cell phone use is entirely voluntary and that users forfeit the right for location records to be constitutionally protected. health officials say prepackaged salad is the source of a severe stomach bug in iowa and nebraska. it is unclear if similar outbraekou outbreaks in 13 states are linked to that produce. 145 people in iowa and 78 in nebraska contracted the parasite. officials in both states say the salad mix includes iceberg and romaine lettuce along with red cabbage and carrots.

they did not identify a specific brand but said that salads came through national distribution chains. the centers for disease control and prevention says 372 cases have been reported nationwide with at least 21 of those requiring hospitalization. new information this morning on that deadly train derailment in spain. investigators say the train's driver was talking on the phone at the time of the accident, speaking with an official of the train company and that he was also looking at a paper document. the train's black box data recorder showed it was traveling at 95 miles per hour, that is almost twice the legal limit when it went into a dangerous curve a week ago. the driver hit the brakes but it was too late. 79 people died in that crash. he is facing preliminary charges of negligent homicide. hollywood is mourning the loss of a veteran actor, eileen brennan has died at the age of

80. brennan started her career singing up broadway but made the transition to the silver screen nabbing parts in films like "clue" and "the sting". goldie hawn remembered brennan on twitter writing, no one ever made me laugh more. now i cry. please keep singing, darling, from on high. and now it's time for your first look at this morning's dish of scrambled politics. the fight between two potential republican presidential contenders is escalating. kentucky senator ran paul lashed out at chris christie after the new jersey governor accused the governor of pork barrel spending. >> this is the king of bacon talking about bacon. governor christie and others have been part of this give me, give me, give me, give me all this money. >> virginia governor bob mcdonald says he's attempting to give back all the gifts he's received from a top political dono donor. the once rising gop star apologized for bringing embarrassment to his state.

kentucky secretary of state has officially launch her senate campaign to try to unseat the minority leader mitch mcconnell. she called the gop leader a disease of dysfunction while getting a bold endorsement from an old family friend. >> we have simply got to have more people who are willing to reach across the aisle and say i'm ready to work with you to build a better future. alison wants to do that and she's capable of doing it. that's the big difference in this race and why we can all be proud to support her. >> the former president didn't mention the republican rival by name but did say senator mcconnell likes to say no "for the sake of saying no." new jersey senate candidate corey booker is getting help from the queen of talk. oprah winfrey will host a fund-raiser for the democrat later this week. and vice president biden is finally giving clues to the real job he wants next. after al roker said it would be

great for him to host the "today" show. the vp said keep the door open, who knows, maybe hillary clinton and i can co-host. and that's your morning dish of scrambled politics. and now for a look at our weather forecast. >> i think we would all watch, wouldn't we? >> absolutely. >> just to see what would happen. >> just to see what comes out of joe biden's mouth on live tv. i would love it. >> good point. last day of july. >> hard to believe. >> i know. >> some areas of the south, people start going to school the second week of august. it's crazy. it looks like this july is going to end up as one of the coolest and wettest on record in the southeast. here's our july rainfall totals around the country. notice this summer we haven't talked a lot about drought. we had enough rain in many areas. the west is drier than we like. the really wet spot is the southeast. look at how much rain has fallen this july. down in areas of florida. tallahassee, almost 15 inches of rain. widespread seven, eight inch

totals from montgomery to charlotte and atlanta. guess how we're going to end your july? more rain, more clouds, more cool temperatures. the green map is rain near atlanta, knoxville and heading for charlotte. during the day, some of that will clip virginia and get to washington, d.c. the northeast looks great. the southeast, figures, that's just the way your july is going. that's the way it's going to end. texas will be the one spot that does -- is getting hot. and that's about it. >> well, heat in texas. that is not totally unexpected. >> it's supposed to be that way. that's the only place having normal weather. three former penn state officials ordered to stand trial. new york city's been on sugary drinks has been put on ice. plus, a daredevil walks a fine line in china. that and more when "early today" returns. [ male announcer ] this one goes out to all the allergy muddlers.

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welcome back. now to other stories making news this morning. on tuesday, president obama unveiled a new corporate tax reform proposal which he says

will lower rates and close loopholes. the president says republicans will have to work with him but already mitch mcconnell claimed the new plan is just a repackaging of old proposals that went nowhere. a college student who was mistakenly left in a drug enforcement administration holding cell for four days will be given a $4.1 million settlement. he was detained after a drug raid and was subsequently cleared of any involvement. unfortunately, dea officials forgot about him in the holding cell. deprived of food and water, chong says he survived by drinking his own urine. penn state's former president and two other school administrators were ordered tuesday to stand trial on charges accusing them of a cover-up in the jerry sandusky scandal. the three former school officials claim to have been unaware of sandusky sexually abusing children. the san diego city council agreed to sue mayor bob filner for any cost that may occur as a result the sexual harassment

lawsuit filed against him by a former employee. new york, keep on drinking the sugary drinks. well, in moderation. a new appeals court, new york appeals court upheld a ruling striking the push to impose a 16 ounce size limit on those high calorie drinks. adding fizzle to the injury, the court called the ban unconstitutional. and here's a little nerve-racking video for you. a tight rope walker in china broke a guinness world record by finishing a high wire walk between two hot air balloons in 38 seconds. got to have nerves of steel for that one. now for your first look at business, we turn to bertha combs. >> good morning. futures are pointing to a higher start after stocks ended mixed on tuesday. investors have to have their hands full today. the fed wraps up the two day meeting later on this afternoon. and a boat load of data. they get data on private sector jobs, manufacturing, labor costs and the first glance at second quarter gdp which is like to

show that economic growth slowed. ford is going to start selling a natural gas pickup, the first u.s. automaker to offer that option in a light duty truck. it could cost $9,000 to install new fuel tanks on the truck. and the pc may soon be surpassed by tablets but not on campus. a survey finds 82% of college students own a pc but only 18% of them have a tablet. one big reason why, it is still easier to take notes and write papers on a laptop or a desktop pc. although i would imagine few people have desktop pcs on campus anymore. the passing of an nba legend and the dangers of hard candy. plus, friday could be d day for a-rod. we'll have that and all of your sports headlines. you're watching "first look" on msnbc. ♪

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so don't wait. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. it's time for sports. my colleague richard lui is here with all the headlines. good morning. good morning. the pirates have a lot to brag about right now. they are numero uno in the central league division. pittsburgh has the best record in all of baseball. the pirates missed playoffs for two decades. that could come to an end this year. the trading deadline is at 4:00 p.m. today. jake peavy goes to boston.

he brings a pretty good e.r.a. of 3.49 and a $14 million salary to boot. the power of the beard is back. it's bizarre. the former san francisco giants icon goes to rival the dodgers. this hurts me. brian wilson gets a one-year contract. elbow surgery kept the beard from pitching in the majors since april 2012. yes, cats and dogs are living together. alex rodriguez is on the cover of "sports illustrated." he and 20 others could be suspended friday. he said he still wants to be a role model despite all the noise. a dallas cowboys website writer said barry church missed practice monday. you know, church had to have a root canal. he took the tooth on a jolly rancher. guess which flavor. >> apple. >> yeah. no, that would be our favorite. i think it is dangerous cherry that chipped his tooth. we'll see. >> treacherous. i want to take tout way back

machine. 1946. the first nba basket was scored this slick passing and lay-up came from the new york nicker backers. osy shepman was the man. he passed away tuesday at age 94. he will be well remembered. how about a boot camp for sports mascots? why not? you see the lion training willie the wild cat. the owner was the phillies fanatic for 16 years. this guy knows his stuff f you're interested, the average salary though only about $25,000. >> for that, do they really need boot camp to learn how to do that, practice that? >> you do. the owners say because you have to be a responsible citizen of your community. and so they learn more than just the moves. >> well, it's much deeper than just booty shaking. >> for now. >> time now to dig a little deeper into our top political stories. joining me is david mclemore.

thank you for being here this morning. >> thank you. >> yesterday president obama made another speech about the economy. it's just the latest in a continuing series of public events on this topic. why is he now focusing on this issue so strongly after straying from it for a while, focusing on things like immigration, gun control. why is he back to this? >> congress is about to go into recess for the summer. right after that is a big deadline coming up the end of september on the budget and then immediately following that, congress has to raise the debt ceiling. these are important issues. they're issues that both sides are tangled on in the last couple years. this is the next round of that. the president is trying to fwet out ahead of that and set the stage and show where he is coming from. yesterday he is saying we want to help businesses by restructuring the tax code but with the money we save, we want to spend on job creation. the president saying we can't just keep cutting. we need to spend some money to boost the economy. the republicans are saying, wait a minute, that's a typical liberal point of view. we don't like it already.

>> now they're reporting that the president is also about to begin implementing a strategy to go around congress with executive orders on everything from voting rights to climate change. it's not surprising given the gop lock on everything the president wants to accomplish. is this an effective strategy? >> it's effective to the extent that obama likes to say i'm doing everything in my power and work with congress if the no, i'll do everything through the executive action. the problem is that they're very limited in what he can actually do. most of big sweeping legislative ideas take congressional approval like immigration before he gets the pass to citizenship, he needs to vote on that. he can't do a bunch of stuff. that's a problem. that said, i think the white house has done this in the past. you know, they go out and say we're going to make regulatory changes. and so that's good. but it is also limited. >> all right. david, thanks so much for getting up with us this morning. >> thanks a lot. coming up, bill karins and

richard lui are back for "first buzz," all the stories we're talking about this morning. mine was earned in djibouti, africa. 2004. vietnam in 1972. [ all ] fort benning, georgia in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. a quarter million tweeters musicare tweeting.eamed. and 900 million dollars are changing hands online. that's why the internet needs a new kind of server. one that's 80% smaller. uses 89% less energy.

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it's time for "first buzz." i want to start with you. you have a real life drama. >> jailbreak. 33-year-old derrick astel had help, a get away vehicle and accomplish distracting the guards and he did this. >> caught on tape no less. >> caught on tape. and there he goes. out the window. the window was one foot by two foot. the guy in the blue was arrested. the guard went and chased him through the window and through the parking lot. the get away van was waiting and they got away. he is still on the loose, armed and dangerous in arkansas.

>> i can't believe that. >> what was the opening? >> one of the windows where walk in and say what you want to do. >> if you had to guess what is the most popular library book at guantanamo bay? it's "50 shades of grey". >> stop. >> the most in demand book among the high value detainees. this is part of the gitmo that mohammed is at. >> i'm just waiting for the movie. >> wait until the movie comes out. >> richard, you're all about dancing sports figures. >> an oakland as game, this usher was dancing. yeah, unusual moves. hands in the air. get it down. how about this guy right here? number 238, he is is an usher. he is in his 80s. he does a couple of 180s. watch his head move to the right. there he goes. he's going to break out the duggy in a little bit.

noes bad. >> that's a way to get fans excited. >> they won that game. they lost yesterday though. that's awesome. hats off to him, man. >> thank you. this is "first look" on msnbc. stay tuned, "way too early" starts right now. yes i did. you know who i decided to vote for? anthony weiner. i have good ideas. i decided that i have a level of independence and standing in front of you today, do you think was easy? do you think i said let's go to city island and talk to the good people and bring 50 cameras knowing i'd get this question? i'm trying to say yes. you know some things about me, more than any other candidate you'll know in your life and way more than you want. certainly way more than i want. so i don't know if i'm going to win. i don't know if i'll come in second or third or get no votes at all. but i'm going to stand here and keep fighting for what i believe

in and you're welcome to vote for me. >> there you have it. you just heard from the one person who is still openly supporting anthony weiner. we're going to have more from the controversial candidate for the mayor of new york city and why he's telling some people not to vote for him. thent verdict is in for bradley manning, the mixed decision on how the wikileaks founder is reactsing to that ruling. and also a escape from jail caught on camera. team work that helped him break out and why police consider him armed and dangerous. this is "way too early." hi, everybody. good morning. we also have a walk off on the yankees-dodgers game that we're going to talk about and david letterman is going to show us how "the new york post" comes up with all the great headlines. first, we begin with bradley manning and the not guilty verdict of aiding the enemy. despite being let off